Majority
p. 810In the Matter of the Construction of the Last Will and Testament, and Codicil Thereto, of William Allen, Deceased, and of the Judicial Settlement of the Accounts, etc., of Annie B. Allen and Others, as Executors, etc., Respondents. Eleanor A. Hoxie and Another, Individually and as Executors, etc., of Isabella M. Capstick, Deceased, Appellants; Trinity Episcopal Church of Mount Vernon and Others, Respondents.
Decree of the Surrogate’s Court of Westchester county unanimously affirmed upon the opinion of the surrogate [Reported in 111 Misc. Rep. 93 ], with costs to all parties who have appeared, payable out of the estate. Present — Blackmar, P. J., Rich, Kelly, Jaycox and Young, JJ.